Anil v. State of U.P.
Case brief
What is this about?
Hon'ble Court allowed bail to the applicant in a murder case, noting a discrepancy between FIR and dying declaration regarding the applicant's role, relying on the dying declaration to grant relief.
What did the court decide?
Applicant released on bail on furnishing personal bond and two sureties with specific conditions regarding court attendance and no adjournments during evidence.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6568 of 2018
Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Amit Kumar Srivastava, learned A.G.A., perused the record of the case.
By means of instant Bail application, the applicant ANIL is seeking bail, who is languishing in jail in connection with Case Crime No. 103/2015 U/s 302 I.P.C. (S.T. No. 634/2015) Police Station Fatehganj (East), District Bareilly in exercise of power U/s 439 Cr.P.C.
Submissions advanced by the learned counsel for applicant are:-
(1) Almost prompt F.I.R. was lodged by Vijay on 14.07.2015 U/s 323, 326 I.P.C. against three named accused including present applicant Anil with the allegation that Anil and Sachin committed mar-peet and thereafter Sachin poured K-oil upon the deceased and Vijay Joshi set him ablaze. The role assigned to the applicant is of catching hold the deceased.
(2) During investigation, 161 version of the informant was recorded by the I.O., in which the text of F.I.R. was repeated with certain minor changes.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving murder with altered dying declaration.
Parties & counsel
- applicant
Anil
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/6568/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court